RETALIATION: Finding of retaliation against DOC Government Relations Director for participating in investigation of sexual harassment allegations against DOC Director affirmed except 1% growth rate applied rather than 2.5%, award reduced from $413,053 to $377,944… Vanisko affirmed as modified… HRC Final Agency Decision. [Read more…]
Archives for July 2023
Preliminary injunction, rifle barrel manufacturer
PRELIMINARY INJUNCTION properly issued against co-owner of rifle barrel manufacturer… Wilson and Allison affirmed (memorandum). [Read more…]
Rehearing denied in water bottling plant case
REHEARING denied in water bottling plant case… order. [Read more…]
Speedy trial, 351 v. 579 days, traffic custody
SPEEDY TRIAL: Clock started when Defendant became an accused the day arrest warrant was filed for charges stemming from pursuit, not when he was taken into custody for violations of conditional release from prior sentence, thus 351 days of relevant delay, not 579 as claimed… dismissal for lack of speedy trial properly denied… Christopher affirmed (memorandum). [Read more…]
Right to know, mining Bad Actor litigation
RIGHT TO KNOW: Governor’s Office mandated to produce all requested public information in its possession notwithstanding that it overlaps pending mining Bad Actor litigation in which the requester is a party, may withhold individual documents it believes exempted on a recognized ground… pending litigation is not a recognized exception, discovery is not adequate alternative to right to know requests… mandamus denied as to DOA which does not maintain public records merely because it maintains computer systems in which they are stored… Abbott. [Read more…]
Restrictive covenants, barriers to building
RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]
SSD, pain claims
SSD: Pain claims improperly rejected… Kilroy/DeSoto reversed (memorandum). [Read more…]
Sentencing, Montana PFMA, firearm offense level
SENTENCING: Montana PFMA does not categorically require violent force, improperly applied to increase possession of firearm offense level… Watters reversed. [Read more…]
Settlements
Plan II
Timothy Peralta, low back, 1/20, Beacon Communications, Yellowstone Co., Zurich accepted claim, paid all benefits due & owing, disputes as to PTD and medical necessity of future treatment, Petitioner filed petition for hearing in 4/23, $1 million new money for all claims ($53,098.71 MSA), stipulated judgment; Lucas Wallace for Peralta, Steven Jennings for Zurich American Ins. [Read more…]
Mental disability, $91,741.56, call center rep FMLA
MENTAL DISABILITY: $91,741.56 for discharging call center rep for taking FMLA leave for outdoor activities to address anxiety and major depressive disorder affirmed… Vanisko affirmed, Final Agency Decision. [Read more…]